Delhi HC rejects Sun Pharma appeal in Oxaliplatin case against Mylan Labs

Despite noting importance of first syllable of trade name, HC didn't find 'Ox' and 'Sox' similar

A division Bench of the Delhi High Court on Friday refused to provide any relief to Sun Pharmaceutical, in a case against Mylan Laboratories, alleging trademark infringement of cancer drug Oxaliplatin. Sun Pharma sells the drug under the name Oxiplat, while Mylan calls its own version as Soxplat.

After the court's refusal to entertain Sun Pharma's suit to restrain Mylan from selling the drug with the name, Soxplat, the company had approached the division bench of Justice Pradeep Nandrajog and Justice Yogesh Khanna to relook at the matter and provide the desired remedy.

Sun Pharmaceutical's counsel Sudhir Chandra argued that